An order for security for costs is a protective measure and should not be used as a punishment for breaches of overarching obligations under the Civil Procedure Act 2010 (Vic); the appropriate time to assess such breaches is at trial. Residence outside Victoria but within Australia barely opens the jurisdiction for security for costs given the availability of enforcement under the Service and Execution of Process Act 1992 (Cth). Delay in making a security application close to trial gives rise to presumptive prejudice that may justify refusal.
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